In complying with California State Law, the Friends
of Newberry Springs ("Friends") gave a friendly notice of a claim on Friday,
November 20, 2020, against the Newberry CSD for severe injuries and damages
accruing from the CSD's unilateral removal of the Friends participation in
the recent litigation against the County.
The notice contains the names of many of the Friends in
the coalition of Newberry residents opposed to the Daggett Solar Power
Project.
The claim is a legal procedure required by State Law
to place the Newberry CSD on notice and to allow the CSD an opportunity
to investigate the claim. It does not obligate any named claimants
to do anything. It does allow the named claimants to have the opportunity,
should they wish to, to participate in later litigation or a settlement.
The possibility of litigation is being seriously explored.
Although litigation may never be filed, the procedural "Six-month Notice of Claim"
is required by California statute.
The cumulative injuries and damages are believed to be in
the hundreds of millions of dollars. The CSD directors and staff
appear to have operated outside of their authorized CSD powers when they
removed a private entity from the civil filing. They may hold personal
liability for the damages and any punitive award.
At best, the individual claimants may only recover a fraction
of their damages. However, it may allow for some community healing in
addressing the travesty.
The Friends of Newberry Springs' management will be
in further contact the individual Friends members exploring the litigation.
